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AMERICAN CIRCUIT BREAKER v. OREGON BREAKERS

No. 03-35375.

406 F.3d 577 (2005)

AMERICAN CIRCUIT BREAKER CORPORATION, a New York corporation, Plaintiff-Appellant, v. OREGON BREAKERS INC., an Oregon Corporation; Stephen Reames, an Oregon resident, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2005.

Attorney(s) appearing for the Case

Alan S. Cooper, Shaw Pittman, Washington, DC, for the plaintiff-appellant.

Todd L. Van Rysselberghe, Kennedy, Watts, Arellano & Ricks, Portland, OR, for the defendant-appellee.

Before: BRUNETTI, McKEOWN, and GOULD, Circuit Judges.

McKEOWN, Circuit Judge:

Few subjects have generated more ink and consternation in the trademark arena in recent years than the topic of parallel imports/gray market goods. In general terms, a gray market good, often referred to as a parallel import, is "[a] foreign-manufactured good, bearing a valid United States trademark, that is imported without the consent of the United States trademark holder." K Mart Corp. v. Cartier, Inc., 486 U.S. 281...

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